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. i <br /> i <br /> � <br /> , 5. In the event the Crantor places any improvements on the easement <br /> , or constcucts anything on the easement Without first having obtained the <br /> � acitten approval of the City Engineer, the Gcantor shall cease all such <br /> iactivity and remove any and all improvements placed thereon without Che <br /> vritten agreement of the City Engineec . In the event the Grantor fails to <br /> ' obtain prioc approval, the Ccantor heceby authocizes the City to remove any <br /> I <br /> a��d all improvements placed or constructed thereon and hold the Clty, its <br /> officers, employees and agents harmless Erom damage caused to satd <br /> improvements from removal thereof. Gcantoc Eurther agrees to pay the City <br /> [or any and all costs incucred by the City in removinq ehe impcovements. <br /> Thls right is in addition to any other right the City may have at law oc in <br /> equity. , <br /> 6. The Crantor doea release, indemnify and p[omise to defend and <br /> save harmless the City, its officers, employees and agents fcom and against <br /> any and all liability, loss, damage, expense, actions and claims, including <br /> costs and reasonable attorney's fees incurred by the Ctty, ita officers, <br /> employees and agents in deEense thereof, asserting or arising directly or <br /> i <br /> indirectly on accoun[ oE or out of any act or omission of Grantoc, Lts <br /> a5'nts, contractors, licensec, invitees, or employees upon or within the <br /> above-described easement. This paragraph does no[ purport to indemnify the <br /> Clty against liabtlity for damages arising out of bodily injucy to persona <br /> � <br /> � or damagea to property caused by o[ resul[ing fcom the sole negligence oE <br /> . � the City, its oEficers, employees and agents; PROVIDED, that if the claims <br /> i <br /> � or damages are caused by oc result from the concureent negligence of (a) the <br /> i <br /> Grantor, its agents oc employees, and (b? the City, its oEficers, employees <br /> � or agents, this indemnity provision shall be valid and enforceable only to <br /> � <br /> I the extent of the negligence of the Grantor, its agents or employees. (Poc <br /> i <br /> � example, Whece the Grantor is 258 liable, tliis indemnification shall exGend <br /> � to 258 of the City's concureent negligence, Lf any) . <br /> 7. The Ccantor also covenants to and aith the City that the Grantor <br /> is laafully seized and possessed oE the land aforesaid; has a good and <br /> lawEul right and poaer Co sell and convey same; that same is free and clear <br /> of encumbcances, except as above indicated; and that the Grantee aill <br /> 3 <br /> FORM 2/S <br /> I <br />